- 1 - NC: 2025:KHC:11633-DB WP No. 1805 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.1805 OF 2025 (LB-RES-PIL) BETWEEN: 1. SHRI B M NAGESH S/O MUNIYAPPA AGED ABOUT 42 YEARS RESIDING AT BOORAGUNTE VILLAGE SARJAPURA HOBLI, ANEKAL TALUK ANEKAL - 562 125. 2. SHRI SATHISH HR S/O RAMAPPA AGED ABOUT 28 YEARS RESIDING AT NO.170/1/ YALLAMMA TEMPLE VTC, HANDENAHALLI POST ANEKAL - 562 125. …PETITIONERS (BY SRI. G. BALAJI NAIDU, ADVOCATE) Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11633-DB WP No. 1805 of 2025 AND: 1. TAHASILDAR ANEKAL TALUK ANEKAL TALUK OFFICE ANEKAL - 562 106. 2. PANCHAYAT DEVELOPMENT OFFICER SAMANDUR GRAM PANCHAYATH OFFICE SUBMANGLA, KEMPEGOWDA NAGARA ANEKAL TALUK - 562 106. 3. EXECUTIVE OFFICER ANEKAL TALUK PANCHAYAT NEAR ANEKAL COURT ROAD, ANEKAL - 562 106. 4. ASSISTANT COMMISSIONER BANGALORE SOUTH TALUK KHANDAYA BHAVAN KG ROAD, BENGALURU - 560 001. 5. DEPUTY COMMISSIONER BENGALURU URBAN KHANDAYA BHAVAN K G ROAD, BENGALURU - 560 001. 6. VIJAYAMMA W/O M MUNIYAPPA AGED: MAJOR HOMPALGHATTA VILLAGE - 3 - NC: 2025:KHC:11633-DB WP No. 1805 of 2025 KASABA HOBLI, VANAKANAHALLI POST, ANEKAL TALUK BANGALORE URBAN DISTRICT - 562 106. 7. DEEPA W/O SRINIVAS AGED: MAJOR HOMPALGHATTA VILLAGE KASABA HOBLI, VANAKANAHALLI POST, ANEKAL TALUK BANGALORE URBAN DISTRICT - 562 106. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1, 4 & 5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION, DIRECTING THE RESPONDENT NOS.1 TO 5 NOT ISSUE HAKKU PATRA TO RESPONDENT NOS.6 AND 7 UNDER ASHRAYA SCHEME FORMED IN SY.NO.1 OF HOMPALGHATTA VILLAGE KASABA HOBLI, ANEKAL TALUK AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN - 4 - NC: 2025:KHC:11633-DB WP No. 1805 of 2025 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. G. Balaji Naidu for the petitioners and learned Additional Government Advocate Smt. Niloufer Akbar for the respondent-State and its authorities who appears upon service of the copy of the petition in advance. 2. The first prayer in this petition styled as public interest petition is to direct respondent Nos.1 to 5-authorities not to issue Hakku Patra to the private respondent Nos.6 and 7 under the Ashraya Scheme formed in Sy.No.1 of Hompalghatta Village, Kasaba Hobli, Anekal Taluka. The other prayer is to direct the authorities to take necessary action against the said private respondents by lodging criminal complaint for making false representation for availing allotment of site made under the Ashraya Scheme. 2.1 The further prayer is to issue Hakku Patra only to the deserving aspirants of the scheme. The last prayer is to require the authorities to consider the complaints dated 17.01.2025 and - 5 - NC: 2025:KHC:11633-DB WP No. 1805 of 2025 18.01.2025 made by the petitioners in respect of allotment of site, described by the petitioners to be illegal, to the said private respondents. 3. Stated in nutshell, the grievance of the petitioners is that instead of giving haaku patras to the deserving and genuine aspirants, the authorities have allotted sites to respondent Nos. 6 and 7 and issued hakku patras to them. It was stated that the matter was considered by the Lokayukta also and the report was submitted. 4. By the very nature of the prayer and the kind of it, it is evident that the prayers are addressed against the private respondents alleging that they have got the allotment of site in the scheme without eligibility and that, the hakku patras to them are not required to be issued. The court is afraid whether such a grievance which is essentially and for all purposes addressed to the authorities, could be entertained in public interest jurisdiction. 5. Learned advocate for the petitioners submitted that the complaints filed by the petitioners are already pending before the - 6 - NC: 2025:KHC:11633-DB WP No. 1805 of 2025 authorities. These are the individual cases which are to be looked into by the authorities. 6. The present petition is not liable to be entertained. However, without going into the merits, it is observed that if any complaints are received in respect of any ineligible allotment or with regard to any irregularity in allotment in the Ashraya Scheme, the competent authority shall be duty bound to look into the same and if found with substance, it shall take necessary steps. No other relief much less relief prayed for can be granted in this petition. 7. The petition is accordingly dismissed. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 5